Sentences with phrase «of appeal dismissed»

By Andrew Feldstein Brown v. Kucher, 2016 CarswellBC 1664 (B.C. C.A.): In this case, the British Columbia Court of Appeal dismissed the mother's appeal for... Read more

A majority of the Court of Appeal dismissed the appellant's appeal on the basis that the Asylum and Immigration Tribunal had correctly held that the appellant had not established that he was at «real risk» of committing suicide, and that return to Iraq would therefore not amount to an Art 8 (1) interference.

The New Brunswick Court of Appeal dismissed the appeal.

The Court of Appeal dismissed the idea that complaint procedures of this kind were confidential: «the subject matter underlying the adjudication was nothing private to the solicitor».

The Court of Appeal dismissed the appeal, but made observations about the conduct of the trial which give guidance on the scope of the barrister's duty in defending a client.

But the Court of Appeal dismissed the defendant's appeal in trenchant terms on the basis that although the risk he took was «relatively small» it was sufficient to render him liable (see Pearson v Lightning [1998] 20 LS Gaz R 33, 142 Sol Jo LB 143).

The Court of Appeal dismissed the claimant's appeal and he appealed to the House of Lords.

The Manitoba Court of Appeal dismissed the applicant's appeal from the decision to...

In 321665 Alberta Ltd. (Kolt) v. Husky Oil Operations Ltd., the Court of Appeal dismissed the civil claim that arose from an alleged breach of the pre-2010 s. 45 of the Competition Act, which required proof that competition was prevented «unduly.»

After the Manitoba Court of Appeal dismissed Green's application to declare that requirement illegal, he says he's taking his fight against the Law Society of Manitoba to the country's top court.

In Stocker v Stocker [2018] EWCA Civ 170, the Court of Appeal dismissed both main grounds of appeal.

Justiciability Predictably, both the High Court and the Court of Appeal dismissed their application.

The Ontario Court of Appeal dismissed Mr. McKenzie's appeal, meaning his 9 month jail sentence was left untouched.

Having heard full argument in a judgment handed down on 15 December the Court of Appeal dismissed the appeal.

Juror No. 6's messages were one of two grounds of appeal dismissed by the court Thursday.

The Court of Appeal dismissed the appeal in its entirety.

The Federal Court of Appeal dismissed the relevance of TREB's arguments about the ways in which its database was used, noting that «how a «work» is used casts little light on the question of originality.»

It is noteworthy that in OSPCA, in which a «mixed fact and law» approach was applied, the Court of Appeal dismissed the appeal.

On the issue of negligence, the Court of Appeal dismissed the Plaintiff's cross-motion and upheld the motion judge's finding that there was no negligence.

Finally, the Court of Appeal dismissed the Appellants» contention that the CFL infringed their right to the peaceful enjoyment of private property, since this right in the Québec Charter is expressly subject to any limitations provided by law, such as the limitations provided for in the CFL.

On July 13th, 2012, the Federal Court of Appeal dismissed the Crown's appeal in The Queen v Peter Sommerer (2012 FCA 207).

Mack was convicted of first - degree murder and the Court of Appeal dismissed the appeal.

In October, 2008, the Alberta Court of Appeal dismissed a Charter challenge to section 517 brought... [more]

The Court of Appeal dismissed the defendants» appeals, and held that the court had the jurisdiction to grant injunctive relief where passing off was established or threatened.

On February 17, 2015 the Court of Appeal dismissed Ms. Sampley's appeal, a finding that was not unexpected given the Court's direction to Respondent's counsel during the hearing, to make oral submissions only with respect to the issue of domestic violence.

On 16 July 2009, the Court of Appeal dismissed an appeal by Hutchison 3G UK Limited (H3G) of the Competition Appeal Tribunal's (CAT) judgment, which upheld Ofcom's finding in March 2007 that H3G has significant market power (SMP) in the market for the provision of MCT.

In a majority decision, the Federal Court of Appeal dismissed the Government's appeal.

The Court of Appeal dismissed the appeal on the trial judge's finding of negligence but, as in the above noted cases, held that there was an absence of evidence on causation.

On July 10th, the British Columbia Court of Appeal dismissed an appeal from an order which allowed defence counsel to be present at an in camera hearing to determine whether informer privilege was validly claimed.

Petition for review after the Court of Appeal dismissed an appeal from an order in a civil action.

The Court of Appeal dismissed HMT's appeal and ruled, by majority, that the loan repayments through Mr Hunt's refinancing did not reduce the damages recoverable.

With regards to the Father's Re C argument, the Court of Appeal dismissed that as it considered that in internal relocation cases the child's welfare is the paramount consideration.

The Court of Appeal dismissed the father's appeal and highlighted that, in internal abduction matters, the overarching principle remains the welfare of the child and as such there is no place for summary returns.

The Ontario Court of Appeal dismissed the employee's appeal because his dishonesty went to the core of the employment relationship.

The Court of Appeal dismissed the appeal, reasoning that the Supreme Court of Canada in the Carter case did not express such limitations and if it had intended such limitations, it would have expressed so clearly and unequivocally.

Finally, the Court of Appeal dismissed the Appellant's argument that the Crown's treatment of «Terrio» the co-accused was actually a reflection of bias against the Appellant.

The Court of Appeal dismissed this argument finding that it was not indirectly discriminatory to charge more for type B claims as the higher charges were objectively justified given the greater demand that more complex cases placed on tribunal resources;

Justice Webb of the Federal Court of Appeal dismissed the motion.

On May 17th, in the case of AGC and AGBC v. E.F., 2016 ABCA 155, the Alberta Court of Appeal dismissed an appeal brought by on grounds that applicant's illness no matter how severe was not terminal, and that the illness had at its root a psychiatric illness.

The Court of Appeal dismissed the appeal, and upheld the Coroner's conclusion that Ms Ferreira was not deprived of her liberty in a hospital intensive care unit at the time of her death.

The Appellant produced lengthy grounds and allegedly supporting documents on the basis of which he obtained permission to appeal but in giving its judgment the Court of Appeal dismissed each of the 10 complaints put forward.

· The Court of Appeal dismissed the appeal by the government against the Administrative Court's ruling that the Lord Chancellor's guidance on the exceptional funding scheme was unlawful.

The Court of Appeal dismissed the plaintiffs» appeal.

The New Brunswick Court of Appeal dismissed an appeal.

The Court of Appeal dismissed the appellant's appeal as she did not ask the Deputy Master in the court below to exercise his discretion to extend time, and he was not at fault in failing to consider whether to extend time on his own initiative.

The Court of Appeal dismissed Mr Dyer's argument that the Act contemplated the service of a single document, taking an objective view of the matter to hold that, despite the fact that only one of the documents was entitled the» Notice», a reasonable tenant would have realised that both documents should be read in conjunction with each other.

The Court of Appeal dismissed an appeal of a failed motion by one twin to remove the other on an interim basis.

In a decision recently posted on the Swedish Arbitration Portal, the Svea Court of Appeal dismissed respondent's challenge to a separate award on costs.

A recent judgement by the Court of Appeal dismissed an attempt made by Irish airline, Ryanair, to avoid a # 2,000 penalty imposed by the Home Office...

In a decision recently posted on the Swedish Arbitration Portal, the Svea Court of Appeal dismissed an application to annul an award due to two arbitrators» lack of impartiality.